Thanksgiving Week: Thursday’s pickup for garbage, recycling and yard trash will be on Wednesday. There will be no other changes for the week.

CAUTION: The City of Titusville has received several complaints from citizens in reference to receiving fraudulent telephone calls from subjects claiming to be with the utility department. If you receive a telephone call of this nature and are unsure about the origin of the call, please immediately hang up and contact your local law enforcement agency for further assistance.
 
ABOUT TITUSVILLE TRANSLATE SITEMAP CONTACT US GIS MAPS
Home
Back to Planning

Titusville Tomorrow
Annexation
Applications
City Address Map
Code Update
Comprehensive Plan
Conditional Use Permits
Easement Vacation
Land Development Regulations
Public Participation Guide
Right of Way Vacation
Sign Permits
South Street Small Area Plan
UMU Zoning Update
U.S.1 Corridor Study
Zoning Map - Current
Zoning Map up to 4/12/16

Department Directory

P.O. Box 2806 (32781-2806)
555 S. Washington Avenue
Titusville, FL 32796
Phone: 321-567-3782
Fax: 321-383-5700
Contact: Planner Of The Day
Email: 
Hours: Mon-Fri 8AM-5PM
The City of Titusville, Florida / Community Development / Planning / Easement Vacation

Easement Vacation

WHAT IS AN EASEMENT?

 

An easement is generally defined as one party’s right to use land owned by another party. This legal right of usage limits the ability of the land owner to use the defined area for certain purposes. A property owner is restricted from constructing permanent improvements in an easement area, if that construction would violate the right of usage of the area by the specific party to whom the easement has been given.

 

The City’s Land Development Regulations define an easement as a grant of land reserved for public utilities, drainage, or other public facilities or services, the title to which shall remain in the name of the property owners, subject to the right of use designated in the reservation of servitude.

 

Easements may in certain circumstances be deeded, or dedicated, to the City or to the public. Such easements allow the City and/or utility companies the right to do things within the area of the easement, such as install and maintain utility lines. Often the City requires an easement to be deeded or dedicated at the time of initial development, which is typically the subdivision or site development stage. The City does this to ensure that utility service will be available to the land in question, or in some circumstances, to abutting land owners. Most newly created lots in residential subdivisions contain standard lot easements along the rear and side property lines for this purpose.

 

WHAT IS AN EASEMENT VACATION?

 

When an easement is vacated, the right of one party to use land owned by another is removed.  The property owner would no longer be restricted from making improvements in an easement area.

 

WHAT IS THE PROCESS TO VACATE AN EASEMENT?

 

The City allows landowners to eliminate or “vacate” easements when it is determined that the easement is not being used, and there is no apparent use for the easement in the future. More specifically, the City of Titusville uses the following process to assist property owners with the easement vacation process:
 

1.  Obtain an Easement Vacation Application from the Planning Department. A representative from the Department will be able to discuss specifics and answer questions concerning the proposed easement vacation. (An Easement Vacation Application is available for download at the bottom of this page.)

2.  A letter will need to be obtained from all utility companies. In the Easement Vacation Application package is a sample letter that may be sent to each of the utility companies in order to request a letter for the defined easement area.

3.  A list of required documentation and the application fee amount are stated on the application form. Upon receipt of the completed application, required documentation, and the application fee, the Planning Department will proceed with the easement vacation process.

4.  The Planning Department staff will forward the application to the City Clerk’s office to be scheduled for review and recommendation by the Planning and Zoning Commission and action by the City Council. The City Council approves easement vacation applications as a resolution through a majority vote at City Council meetings, which are open to the public.

5.  If the easement vacation is approved at the City Council meeting, the City Clerk will have the resolution recorded with Brevard County Clerk’s office. A letter is provided to the applicant stating the results of the City Council vote. If approved, a copy of the recorded resolution will also be provided to the applicant completing the easement vacation process.

 

The easement vacation process usually takes four (4) to six (6) weeks to complete upon receipt of the completed application, required documentation, and the application fee. Any questions concerning the process, the status of an application, or the status of releases received from utility companies may be made through the Planning Department, located on the second floor of City Hall.






Download File
EASEMENT VACATION.pdf

(258.9KB)
  Easement Vacation Application

Get Acrobat Reader The above document(s) are Adobe® Acrobat® PDF files and may be viewed using the free Adobe® Acrobat® Reader™. Most newer web browsers already contain the Adobe® Acrobat® Reader™ plug-in. However, if you need it, click on the "Get Acrobat® Reader™" icon to download it now.
P. O. Box 2806, (32781-2806) - 555 S. Washington Avenue - Titusville, FL 32796 - Phone: (321) 567-3775 - Fax: (321) 383-5704 - Site by Project A